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HomeMy WebLinkAbout19870081 Ver 1_COMPLETE FILE_19870914IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 September 4, 1987 SUBJECT: File No. SAWC087-N-069-0312 Mr. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: RECEIVED SE P 14 1987 WATER QUALITY SECTION OPERATIONS BRANCH Reference the application of Mr. Jerry Dickerson for a Department of the Army permit to excavate a canal and construct a boat launching facility on Goose Creek off Pamlico Sound, near Lowland, Pamlico County, North carolina. The Federal agencies have completed re-review of the proposal as presented by the application and your field investigation report. Additionally, a review was conducted of a similar proposal at the site which had been submitted by Mr. Earl Sadler (SAWC085-N-069-0077). We recommend that the following conditions be included in the State authorization (this supersedes our recommendations set forth in our letter of May 21, 1987): a. The proposed bulkhead, located in wetlands, will not extend higher than the surface elevation of adjacent wetlands. It will not be backfilled or positioned so as to restrict the surface movement of waters. b. This permit does not authorize the excavation of the channel, canal or basin shown on the plans submitted with the application. The presence of estuarine, unconsolidated mud bottom and estuarine, emergent, persistent wetlands precludes dredging or filling of these natural resources in accordance with the provisions of Federal regulations. x -2- Questions or comments may be addressed to Mr. Ernest Jahnke, telephone (919) 343-4467. Sincerely', Charles W. Hollis Chief, Regulatory Branch Copies Furnished: J . William Mills ter Quality Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 Mr. Randy Cheek National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Ms. Beverly Etheridge, Chief Wetlands Section Region IV Marine and Estuarine Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. David Noble North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 '1 IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON. NORTH CAROLINA 28402-1890 August 17, 1987 SUBJECT: File No. SAWC087-N-069-0512 Mr. Jerry G. Dickerson Route 1, Box 171 Bailey, North Carolina 27807 Dear Mr. Dickerson: cFJgF.a N \3G 2.41987 N4?,? S?CN ON *Alo ko"S BRA H By copy of North Carolina Department of Natural Resources and Community Development's letter to you of August 7, 1987, we have been informed that your application for State authorization to excavate a canal and construct a boat launching facility on Goose Creek, off Pamlico Sound, near Lowland, Pamlico County, North Carolina, has been denied. Under the administrative rules of our regulatory program, denial of required State authorization precludes favorable consideration of a Federal permit. Accordingly, your Department of the Army application is hereby denied, and your file has been retired. Additionally, we received unfavorable comments from the National Marine Fisheries Service and the U.S. Fish and Wildlife Service (copies enclosed). These reactions to your proposal are the result of anticipated significant adverse impacts. I have provided these Federal agencies' comments to alert you to concerns in addition to those identified in the State's denial letter. While appealing the State permit is the next step in pursuing State authorization, you should be aware that Federal agency comments will be unchanged by the outcome of that appeal. Because of the Federal agencies' influence on Department of the Army permit decisions, it is unlikely a Department of the Army permit would be available unless your project can be modified to lessen its impacts. Mr. Ernest Jahnke of my staff is available to answer any questions you may have or to assist you in developing a revised plan. He may be reached at telephone (919) 343-4467. BY AUTHORITY OF THE SECRETARY OF THE ARMY: Paul W. Woodbury Colonel, Corps of Engineers District Engineer Enclosures -2- Copies Furnished (without enclosures): Mr. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Ms. Beverly Etheridge, Chief Wetlands Section Region IV Marine and Estuarine Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 Mr. Randy Cheek National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. William Mills Water Quality Section ision of Environmental Management /fqorth Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611 Mr. Nelson Paul Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 rr STA1E State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor August 7, 1987 David W. Owens S. Thomas Rhodes, Secretary Director Mr. Jerry G. Dickerson Route 1, Box 171 Bailey, NC 27807 Dear Mr. Dickerson: This letter is in reference to your request to modify an application for a permit under the Coastal Area Management Act and State Dredge and Fill Law which was denied on June 6, 1985. The modification would align a proposed 10' wide canal along a portion of an existing mosquito control ditch adjacent to Goose Creek, at Holly Point in Pamlico County, N. C. The application and plats, which were received complete on March 12, 1987, were submitted to those agencies previously objecting to your original proposal. On May 28, 1987, you were notified that extended review would be necessary to make a decision on your request. Processing of your request is now complete. Based on this review, the Division of Coastal Management has found that excavation for the proposed canal would still remove significant amounts of wetland vegetation from the Goose Creek estuarine and coastal wetland areas of environmental concern and, therefore, is still inconsistent with the partial listing of rules of the Coastal Resources Commission cited in the June 6, 1985 letter. Two of the four State and two Federal agencies' concerns regarding this excavation have not been resolved. These agencies recommended an alternative which would not involve the excavation of any wetlands nor result in excessive spoil disposal which could erode into adjacent wetlands. One alternative would be to construct a pier/breakwater structure in water of sufficient depth for your needs. My staff is available to help you plan a workable option that would fulfill your needs for access to Goose Creek. We are willing to review any future plans submitted. Given the above information, your request for a permit under the Coastal Area Management Act and State Dredge and Fill Law must be denied. This denial is based on statutes as cited in the June 6, 1985 denial letter. (See attached). If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve appearing before a hearing officer who listens to the evidence and arguments of both parties and then makes a recommendation to the Coastal Resources Commission. Your request for a hearing must be in the form of a written petition, complying with the requirements of Chapter 150B of the General Statutes of North Carolina, and must be filed with the Office of P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Fmial nnnornunity Affirmative Action Fmnlover a Mr. Jerry G. Dickerson Page 2 August 7, 1987 Administrative Hearings, P.O. Drawer 11666, Raleigh, N.C. 27604, within twenty days of receipt of this letter. A copy of the petition should be filed with this office. If you request a hearing, you may have a choice of hearing officers--either a hearing officer from the Office of Administrative Hearings or a member of the CRC. Unless you waive your right to a hearing before the Office of Administrative Hearings in your petition, the hearing will be conducted by a hearing officer of that agency. Also, you should be advised that as long as this State permit denial stands, your project must be deemed inconsistent with the N. C. Coastal Management program, thereby precluding issuance of Federal permits for this project. The Federal Coastal Zone Management Act of 1972 (CZMA) gives the right to appeal this finding to the U. S. Secretary of Commerce, within 30 days of receipt of this letter. Your appeal must be based on the grounds that the proposed activity is (1) consistent with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national security, and thus, may be federally approved. If you have any questions concerning the appeal procedure, please contact Mr. Ralph Cantral at 919/733-2293, P. 0. Box 27687, Raleigh, NC 27611. Sincerely, David W. Owens DWO/aw cc: Mr. Peter Tweedt, Director U. S. Department of Commerce Washington, D. C. Colonel Paul W. Woodbury Corps of Engineers Wilmington, NC Enclosure DEPARTMENT OF THE ARMY gg f_A WILMINGTON DISTRICT, CORPS OF ENGINEERS"'" P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 April 28, 1987 IN REPLY REFER TO Regulatory Branch SUBJECT: File No. SAWC087-N-069-0312 Mr. Jerry G. Dickerson Route 1, Box 171 Bailey, North Carolina 27807 Dear Mr. Dickerson: On February 6, 1986, we renewed general permit No. SAWC080-N- 000-0291 (enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received March 13, 1987, for a Department of the Army permit to excavate a canal and construct a boat launching facility off Goose Creek, Pamlico Sound, near Lowland, Pamlico County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be written and informed of its further management. If there are no unresolved differences of State-Federal positions or policy, the final action taken on your application by the State will result in your receiving written notice from us that your application has been successfully processed under our general permit. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the River and Harbor Act, has been assigned No. SAWC087-N-069-0312 and will be coordinated by Mr. Ernest Jahnke. He is available to address questions or comments you may have at telephone (919) 343-4467. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. William Mills Water Quality Section Division of Environmental Management N rth Carolina Department of V Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 Mr. Randy Cheek National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. William L. Kruczynski, Chief Wetlands Section Marine and Estuarine Branch Region IV U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. David Gossett Washington Regional Office North Carolina Division of Coastal Management Post Office Box 1507 Washington, North Carolina 27889 &-I TO: Review Agencies FROM: George Matthis 0(f DATE: April 13, 1987 SUBJECT: Modification of Jerry Dickerson application, Lowland, Pamlico County This office has received a request from Jerry Dickerson to obtain permits for the excavation of an access canal to his property on Goose Creek near Lowland, in Pamlico County. In 1985, a request by Mr. Dickerson was denied due to a significant amount of marsh being excavated when alter- natives existed for his proposed use. This proposal involves slightly less marsh excavation (900 sq. ft. original application, + 400 sq. ft. current application) by aligning the proposed 10' wide canal to follow a portion of the existing mosquito control ditch. A boat ramp will be located at the head of the canal. Please review this project for impacts on the estuarine system and submit any comments prior to April 30, 1987. Should you need to review the previous materials that Mr. Dickerson submitted in 1985, please do not hesitate to contact me. GM/aw APPLICATION FOR PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION EASEMENT IN LANDS COVERED BY WATER LAMA PERMIT FOR MAJOR DEVELOPMENT pepartment of Admlobtratlon Stan of North Carolina Department of tin Army (GS 14612) Department of Natural Resources and Community Development or pR of Enghmn6 2119.320.329mIngi t Dbtrkt (GS 113.229,143.215.3(a)(1), 143.215.3(c), 113A-118 (33 ) Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. 1. Applicant Information .(??C?CE/•SO/I .?'r'i'L/ G A. Name Lash First Middle B. Address / ?--L Z/ _ n,LE / Street, C O. Box or Route Z 7 f07 f7 ? City or Town State Zip Code Phone 11. Location of Proposed Proje t: A. County Ad Co B. 1. City, town, community or landmark o• yvlQl?d .2. Is proposed work within city limits? . Yes No X C. Creek, river, sound or bay upon which project is located or nearest named body of water to project . G o o s'i-c- Cr??k 0"T .oamlieo ,5land 111. Description of Project A. 1. Maintenance of existing project 2. New work $. Purpose of excavation or fill r , 104 -• depth length width 1. Access channel 2. Boat basin length width depth 3. Fill area. n length width depth Other /gDCL /GQ?? length 28 ' width depth - 4 3 M4 4W . r Average distance waterway of HW (shoreline) C. 1. Bulkhead length ???? 2. Type of bulkhead construction (material) D. Excavated material (total for project) QOa \ 1. Cubic yards 350 2. Type of material E. Fill material to be placed? I?jjlow MHW (see also V1. A) J1/017? 2. Type of material 1. Cubic yards IV. Land Type, Oisposal'Area, and Construction Equipment. ?? .' A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No No B. Does the disposal area include any marshland, swamps or other wetland? Yes A C. Disposal Area !j ?jrOL!/Id - Q?•d/ y Q ?'• • 1. Location 2. Do you claim title to disposal area? D. Fill material source if fill is to be trucked in A114 E. How will excavated material be entrapped and erosion controlled? F. Type of equipment to be used Dra G. Will marshland be crossed in transporting equipment to project site? If yes, explain ' QoPo sF? C'/1NaL S iTE t b.F411 %*' . tole i V. h Is olsd Use of Pre*t Area ( ) f ;/141' A. 1. Private V u r r_ oa Ct G ?Qm?O 2 Commercial 3. Housing Development or Industrial 4. Other /G 01 X S50 ` ( /, 3 Ac.-t- 1. Lot size(s) •• . - 2 Elevation of lot(s) above mean high water 3. Soil type and texture Sa ?'/ 4. Type of building facilities or structures NO Al e T -r_&/ /%/dr S. Sewage disposal and/or wastewater treatment A. Existing Planned B. Describe 6. Land Classification (circle one) DEVELOPED RANSITIONAL UNITY RURAL CONSERVATION OTHER CO See CA MA Local Land Use Plan Synopsis) V1. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of rill materials below mean high water? Yes__.NO B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project completion? Yes_.No?._ 2 Type of discharge - ;VIA 3. Location of discharge A T V11. Present rate of shoreline erosion (if known): Vlll. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permiu for work in project area, if applicable: 9 nn/?? IX LengM of time required to complete project: "" ` X In addition to the completed application form, the following items must be provided: A. Attach a copy of the deed (with State application only) or other instrument under which applicant claims title to the affected property. OR if applicant is not claiming to be the owns of said property, then forward a copy of the deed or other instrument under which the owner•claims title plus writteh permission from the owner to carry out the project on his land. B. Attach an accurate work plat drawn to scale on 8'/: X 11 " white paper (see instruction booklet for details). Note: Original drawings preferred - only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or certified mail or by publication (G.S. 113-229 (d))Enter date served D. List names and complete addresses of the.riparian landowners with property adjoining applicant's. Such owners have 30 days in which to submit comments to agencies listed below. C. ,Lof 3: ?imm'I.et bl gl?a J0.0. &K 486 Bai% /V 78D .r , . n.. P-JJ A1,,,. //0 VnRA-A /A<-D--- 2 97374- _ XI. Certification requirement: 1 certify that to the best of my knowledge, the proposed activity complies with the State of North Carolinas approved coastal management program and will be conducted in a manner consistent with such program. X11. Any permit issued pursuant to this application will allow only the development described in this appli- cation and plat. Applicants should therefore describe in the application and plat all anticipated devel- opment activities, including construction, excavation, filling, and land clearing. r Oj TE [/ 1 ? 987 Applicant's Signature •t s - 'D&F-61 SEE REVERSE SIDE FOR (NAILING INSTRUCTIONS Riv. 10/79 ?INTQACOASTAL wATERN'Ar PROPOSED JOB SITE '?TO-AURORA- tic ?i LOCATION MAP MILES 0 / Y R 3 1 1 GOOSE CREEK ISLAND NOBUCKEN t V V 4. Q Q ?I • .- ? ? s 144 i o h Q s ••` CgRO' • 1? O O ROAD '•• Q`? •FESSip'••C?2 O1 NT r• ti? =. _ v O HOLLY . P S S E AL VI C I N I T Y MBA 6532 ?> i., ??fr SCALE I", 300 ' `•.,'s'G';?C:NE?:•0 '••. CW H AR .••• BY A. HUGH HARRIS, ?R. PROPOSED CANAL Q BOAT RAMP Profe"ionol Engineer-RLS LOCATION AND VICINITY MAPS FOR ORIENJUL, N. C. JERRY G DICKERSON SHEET I O F 2 LOWLAND N. C. JANUARY 1987 TOWNSHIP 4 PAMLICO COUNTY N. C. 4 MOUSE o _o HARBOR- h -5 ?? 0 ? XiiL? X/r/LL / q q PROPOSED CANAL ZO O X?'<< AND BOAT RAMP xFitL HOLLY POINT ROAD S/rE PLAN SCALE /."r /00` • COA?STRUCT BU. +• i T/NBER -? • ! BU6 KNEAD N RAL- t,RAD£ 4 4 SEA LEVEL NGVD ~ I r _ PROPOSED CONCRETE •,?• R , BOAT RAA/P .` C, 14 • N a W. .. SEC rION A-A °og?c - SIF At 53W 4 PCANALED GRADE PCANALED •U•a•••• P 1* CANAL T%E: BACK" ?EX/ST/NG '. BOTTOM T/NBER PROP. `T/IIBER BUL KNEAD BUL KNEAD SECr/ON B-B SCALE /0,10, sEcrloN c--c SCALE 11110' f BY A. HUGH HARRIS, ?R. PROPOSED CANAL & BOAT RAMP Prolesslonol £nglneer-RL S SI rE PLAN AND DETAILS FOR. ORIENTAL, N. C. JERRY G. 0/G,1fERSON LOWLAND N. C. :SHFE T 2 O.F .2 JANUARY 1987 TOWNSHIP PAMLICO COUNTY A C. UC1`." J7 17 _iV OFFICE OF COASTAL MANAGEMENT Long. 76 36 30 FIELD INVESTIGATION REPORT 1. Applicant's name Jerry Dickerson (S/o ph; 11 ; n r _ Di r 1cercnn) 2. Location of project site Goose Creek off SR 1233 near Holly Point, Pamlico County (no photo) 3. Investigation type: Dredge & Fill X CAMA X 4. Investigative procedure: (A) Dates of site visit 2-19-85 ?. (B) Was applicant present no 5. Processing procedure: Application received 2-13-85 Office Morehead City 6. Site description: (A) Local Land Use Plan Pamlico County Land classification from LUP Conservation Development constraints identified in LUP Pamlico County allows access projects in conservation areas; how- ever, they do xmk desire the coastal wetlands retain a high gu.ali ty in regards to preservation (B) AEC(s) involved: Ocean Hazard Estuarine shoreline X Coastal wetlands Public trust waters X Estuarine waters Other (C) Water dependent: Yes No X Other (D) Intended use: Public Private X Commercial- (IV D E) Type of waste water treatment: Existing None Planned Septic tank f F R.2 - (E) Type of structures: Existing. nc)np Planned R?SidPncP OPER!1TtOf?; Rn^Tiom 1 (G) Estimated annual rate of erosion N/A Source Nf A 7. Habitat description: AREA (A) Vegetated wetlands: Dredged Filled Other black needlerush, salt rena grass, suit duw - - grass, ?salt _trass 900 sq.ft. 8. (B) Non-vegetated wetlands: shallow brackish water 200 sq.ft. (C) Other: highground excavated 400 sg.ft. filled.... 400 sq.ft. 5500 sq.ft. w M (D) Total area disturbed: Project summary Applicant proposes to construct a channel and basin at property located adjacent to Goose Creek off SR 1233 near Holly Point, Pamlico County 9. Narrative description Theapplicant's property is a 3-acre tract located adjacent to Goose Creek off SR 1233 near Holly Point in Pamlico County. The property is about 1-3' in elevation and shows signs of being recently dis- turbed and is presently revegetating with highground pioneer vegeta- tion. The main feature of the lot is a marsh finger that forms the northernmost border of the tract. The marsh finger is approxi- mately 100' wide and is disected by a mosquito control ditch.. The property is currently undeveloped however, the applicant intends to.use this for second home residential purposes in the near future.. The applicant is proposing to construct a channel and boat basin through the marsh and into the high ground of the property. 10. Anticipated impacts Conducting the project as proposed will involve the excavation of 900 sq.ft. of an' irregularly fl(2oded marsh composed of black needle- rush, salt reed grass, salt meadow grass and salt grass. Another 200 sq.ft. of shallow, brackish water bottom will also be excavated where the boat basin will enter into Goose Creek. The highground boat basin will involve 400 sq.ft. of the highground area, with another 4,000 sq.ft. of high ground being filled by the spoil from this ex- cavation. Approximately 225 cu.yds. of spoil material will be pro- duced by the proposed work. Adjacent waters support commercial fishery populations of shrimp, blue crabs, spot, croaker, trout, and various other finfish. Coastal wetlands perform a valuable function to the estuarine system provid- ing a food source and habitat for aquatic and terrestrial wildlife and water quality filtration services to the adjacent waters. -Submitted by Nelson G. Paul Date Feb. 20, 1985 c U ° Ca-L i- FOR r' PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT Department of Administration State of North Carolina Department of the Army (GS 146-12) Department of Natural Resources and Community Development Corps of Englneers, Wilmington District (GS 113-229, 143-215.3(a)(1), 143-215.3(c), 113A-118 - (33 CFR 209.320.329) Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blan 1. Applicant Information Dickerson A. Name Last First Middle B. Address 3211 alswor+h Drive - Street, P. 0. Box or Route foal q;)_7; -4 Q7 rrPPnyi l 1 e NC 278,4 City or Town State Zip Code Phone II. Location of Proposed Project: A. County Pamlico B. 1. City, town, community or landmark Adford Point 2. Is proposed work within city limits? Yes _X C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Gos . Gr . 111. Description of Project A. 1. Maintenance of existing project 2. New work 1 Boat Basin B. Purpose of excavation or fill .1. Access channel length 90'_ width 100 depth 3r 2. Boat basin - length _16' width 20 r depth 5 3. Fill area length width depth 4. Other length width depth C. 1. Bulkhead length NIA Average distance waterward of MHW (shoreline) NZA I. Type of bulkhead construction (material) N/A D. Excavated material (total for project) 1. Cubic yards 500 2. Type of material Sandy Loam E. Fill material to be placed below MHW (see also V1. A) 1. Cubic yards None 2. Type of material NIA IV. Land Type,-Disposal Area, and Construction Equipment: A. Does the area to be excavated include any marshland, swamps or other wetland? Yes X No B.' Does the disposal area include any marshland, swamps or other wetland? Yes No X C.' Disposal Area 1. Location High f'rnitna -- 2. Do you claim title to disposal area?Yes D. Fill material source if fill is to be trucked in NLA E. How will excavated material be entrapped and erosion controlled? Spread on high ='round and seedecY to perma neni- eover F. Type of equipment to be used dra•trline and bulldozer G. Will marshland be crossed in transporting equipment to project site?. If yes, explain Yes mats will be re i e f or ding-1 i nP on si f p -- D&F-B1 Rev. 10178 A. 1. Private rriva.te lot ?. '2. Commercial 3. Housing Development or Industrial 4. Other B. 1. Lot size(s)--3 AC. I 2. Elevation of lot(s) above mean high water I' to 31 3. Soil type and texture _ Sandy 1 nam 4. Type of building facilities or structures None existing, proposed mobile home 5. Sewage disposal and/or waste water treatment A. Existing- None Planned Sentin tank B. Describe tank for Panh urii+ 6. jLand Classification' (circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis) VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes No B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project completion? Yes X No 2. Type of discharge N A 3. Location of discharge VII. Present rate of shoreline erosion (if known): N_ 1A VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for work in project area, if applicable: NZ& IX.. Length of time required to complete project: 0 days X. In addition to the completed application form, the following items must be provided: A. Attach a copy of the deed (with State application only) or other instrument under which applicant . , claims title to the affected property. OR if applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. B. Attach an accurate work plat drawn to scale on 8%s X 11" white paper (see instruction booklet for details). Note: Original drawings preferred - only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent riparian landowners by registered o certified mail or by publication (G.S. 113-229 (d))Enter date served `r D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days in which to submit comments to agencies listed below. _Druce Wolnv U.,11-4 -7-1 51Ia0-" T1r Ceni1 5oNevilla 135 Hew] 1 3.Ya- L?Ox-%A PO BOX 7Eo...?.... Center Moriches. NY 11034 T.nwln.nrl, Nr'. 28552 Pinehurst, NG 28324 XL Certification requirement: I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved coastal management program and will be conducted in a manner consistent with such program. X11. Any permit issued pursuant to this application will allow only the development described in this appli- cation and plat. Applicants should therefore describe in the application and plat all anticipated devel- opment activities, including construction, excavation, filling, and land clearing. DATE 0 f- D& F-62 Rev. 10/78. Applicant's Signature SEE REVERSE SIDE FOR MAILING INSTRUCTIONS r , y ? o_ 6. ? m 7c - = n-r r r ? f TI k I3 LA LA 71? b n o b ;? Q ???? ? X o ? I h S too Rr b ? a ?, p ? Q? d z ? a o ?- t? Z ni p In Z3. m z ..fib W ? • O TD N t` C 7?b Rl C I n ° b y ? ? m o a w o 71D 74o J ovo?? A AA TYPICAL 5ECTraN - ACCE55 c,41VAL N T5 V ?crN 1 T'y M A-P REEDS NAMrIa,X FLXFW Pa1NT PANLtGa K 1 VEP S/?E x ., PAMu?o /29 MduSE ? NA?gQR S N?'ET 2 OF Z r DIVISION OF ENVIRONMENTAL MANAGEMENT May 13, 1985 M E M O R A N D U M To: John Parker nn From: Dennis Ramsey Subject: Application for CAMA Permit Jerry. Dickerson Pamlico County We have-reviewed the subject-application for permit and offer the following comments: 1. A 401 water quality certification for the proposed project is not required. 2. It is recommended that the permit be conditional to require that future development of this property (a) not exceed 107 effective impervious area; (b) maintain a 30--foot vegetated buffer strip between any disturbed area and the adjacent SA waters including the boat basin; and (c) only sheet flow of stormwater be allowed. These conditions are considered necessary to assure that the SA water quality standards are not violated by storm water runoff. DR/am cc: Bill Mills Jim Mulligan DIVISION OF ENVIRONMENTAL MANAGEMENT May 13, 1985 M E M O R A N D U M To: John Parker From: Dennis Ramsey 01 Subject: Application for CAMA Permit Jerry. Dickerson Pamlico County We have reviewed the subject application for permit and offer the following comments: 1. A 401 water quality certification for the proposed project is not required. 2. It is recommended that the permit be conditional to require that future development of this property (a) not exceed 10% effective impervious area; (b) maintain a 30--foot vegetated buffer strip between any disturbed area and the adjacent SA waters including the boat basin; and (c) only sheet flow of stormwater be allowed. These conditions are considered necessary to assure that the SA water quality standards are not violated by storm water runoff. DR/am cc: Bill Mills Jim Mulligan DIVISION OF ENVIRONMENTAL MANAGEMENT May 13, 1985 M E M O R A N D U M To: John Parker From: Dennis Ramsey Subject: Application for LAMA Permit Jerry! Dickerson Pamlico County We have-reviewed the subject application for permit and offer the following comments: 1. A 401 water quality certification for the proposed project is not required. 2. It is recommended that the permit be conditional to require that future development of this property (a) not exceed 107 effective impervious area; (b) maintain a 30--foot vegetated buffer strip between any disturbed area and the adjacent SA waters including the boat basin; and (c) only sheet flow of stormwater be allowed. These conditions are considered necessary to assure that the SA water quality standards are not violated by storm water runoff. DR/am cc: Bill Mills ?? Jim Mulligan V DIVISION OF ENVIRONMENTAL MANAGEMENT April 26, 1985 MF MOP AATTl7TT4 TO: .Bill Mills Permits and Engineering THROUGH: Jim Mulligan, Regional Supervisor Washington Regional Office FROM: William J. Moore, Environmental Engineering Tech Water Quality Section Washington Regional Office SUBJECT: Regional Office Review and Recommendations Jerry Dickerson Pamlico County A preliminary review of the A 401 Water Quality A 401 Water Quality require public noti A 401 Water Quality meet the conditions proposed project indicates that: Certification will not be required. Certification will be required, and will. :e advertisement. Certification will be required, brit should of the General Certification for and therefore will not require public notice. Final review and recommendations- 4124185 x A 401 Water Quality Certification will not be required, this office has no objections to the proposed project. It is recommended that a 401 Water Quality Certification be issued containing a turbidity limit of 25 : 50 NTU. This office has no objections to the proposed project. The proposed project appears to meet the conditions of the General Certification for: This office has no objections to the proposed project. Additional Comments: - 90' x 10' x 3' access channel; 16' x 20' x 3' boat basin - All spoil on high ground - Located adjacent Goose Creek (SA) near Lowland - All storm runoff will be sheet flow to marsh. WJM/ekw RECEIVE t-1 AY G 81385 ?? : WATER QUALITY SECTION OPERATIONS BRANCH DIVISION OF ENVIRONMENTAL MANAGEMENT March 5, 1985 MEMORANDUM TO: Bill Mills Permits and Engineering THROUGH: Jim Mulligan, Regional Supervisor Washington Regional Office FROM: William J. Moore Environmental En / v gineering Tec Water Quality Section 4or Washington Regional Office SUBJECT: Regional Office Review and Recommendations Jerry Dickerson " F Paml i eo County 6? jFR Y ?? , /?? A preliminary review of the proposed project indicates that: %z7 fg61'!' Jr 9?s 401 Water Quality Certification will not be required. '?? `sFCr A 401 Water Quality Certification will be required, and will require public notice advertisement. A 401 Water Quality Certification will be required, but should meet the conditions of the General Certification for and therefore will not require public notice. Final review and recommendations A 401 Water Quality Certification will not be required, this office has no objections to the proposed project. It is recommended that a 401 Water Quality Certification be issued containing a turbidity limit of 25 : 50 NTU. This office has no objections to the proposed project. The proposed project appears to meet the conditions of the General Certification for: This office has no objections to the proposed project. Additional Comments: Boat Basin - Goose Creek near Loland Class SA Applicant must address storm water runoff cc: Nelson Paul Central Files WaRO OFFICE OF COASTAL MANAr,L LENT ' FIELD INVESTICATICN REPORT 1. Applicant's name Jerry Dickerson (c/o Phi 1 i ; r`k-erson) 2. Location of project site Goose Creek off. SR 1233 near Holly Point, Pamlico County (no photo) 3. Investigation type: Dredge & Fill X CAMA X Y 4. Investigative procedure: (A). Dates of site visit 2-1-9-85 (B) Was applicant present no 5. Processing procedure: Application received 2-13-85 Office Morehead City 6. Site description: (A) Local Land Use Plan Pamlico County Land classification from LUP Conservation Development constraints identified in LUP Pamlico County allows access projects in conservation areas- hc•:i- ever, they do ,tot desire the coasca wetlands retain a high quality in, retards to preservation (B) AEC(s) involved: Ocean Hazard _ Coastal wetlands Estuarine waters r (C) Water dependent: Yes No X (D) Intended use: Public Private X Estuarine shoreline Public trust waters Other X X Other Commercial (E) Type of waste water treatment: Planned Septic tank (F) Type of structures: Existing Planned Residence Existing None none ` (G) Estimated annual rate of erosion N/A Source N/ 7. Habitat description: AREA (A) Vegetated wetlands: Dredged Filled Other black needlerush, salt re s, satr_ grass, salt Crass 900 sq,ft. (B) Non-vegetated wetlands: shallow brackish water 200 sq.ft. (C) Other: highground excavated 400 sq.ft. filled.... 400 sq.ft. 5500 (D) Total area disturbed: sq.f-t. 8. Project summary Applicant proposes to construct a channel and basin at property located adjacent t o Goose Creek off SR 1233 near Holly Point, Pamlico County 9. Narrative description Theapplicant's property, is a 3-acre tract locate6 adjacent to Goose Creek off SR 1233 near Holly Point in Pamlico County. The property is about 1-3' in elevation and shows signs of beinq recently dis- turbed and is presently revegetating with higharound pioneer ve,7eta-. tion. The main feature of the lot is a marsh finger that forms the northernmost border of the tract. The marsh finger is approxi- mately 100' wide and is disecte(?. by a mosquito control ditch. The property is currently undeveloped, however:, the applicant intends to use this for second home residential purposes in the near future.- The applicant is proposing to construct a channel and boat basin through the marsh and into the high ground of the property. 10. Anticipated impacts Conducting the project as proposed .:ill involve the excavation of 900 sq.ft. of an irregularly fliloded marsh corr:posed of black needle- rush, salt reed grass, salt meadow grass and salt grass. Another 200 sq.ft, of shallow, brackish water bottom will also be excavated l)e-.-e the boat basin will enter into Goose Creek. The higharound boat basin will involve 400 sq.ft. of the higharound area, with another 4,000 sq.ft. of high ground being filled by the spoil from this ex- cavation. Approximately 225 cu.vds. of spoil material will be prc- duced by the proposed work. Adjacent waters support commercial fisher- populations of shrimp, blue crabs, spot, croaker, trout, and various other finfish. Coastal wetlands perform a valuable function to the estuarine system provid- ing a food source and habitat for aquatic and terrestrial wildlife and water quality filtration services to the adjacent waters. Submitted by Nelson G. Paul Date Feb. 20, 1985 _ -- ?_ FOR v U 0 . PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CER.TIFICAT)ON EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT Department of Administration State of North Carolina Department of the Army (GS 146-12) Department of Natural Resources and Community DevelopmeW` Corps of Engineers, Wilmington District (GS 113-229, 143?215.3(a)(1), 143.215.3(c), I I3A-118 6- (33 CFR 209.320.329) - ' ` ,r 1 l `A ?C ?/V fv i f? i1 r1 I ' Please type or print and fill in all blanks. If information is not applicable, so indicate by `) ling N/?lhy blank. 1. Applicant Information ` A. Name C .•'- i ?i? j Last First ?Lddle B. Address X27.1 21s 0r- h Drive Street, P. 0. Box or Route ('-•oc,nlr?ll i?C _r'Q• t1?`-?'?r'T%.v:.?L:..:..% City or Town State Zip Code Phone II. Location of Proposed Project: A. County F.: n' 14C o B. 1. City, town, community or landmark Ftiziford Point 2. Is proposed work within city limits? Yes _.. " .. X C. Creek, river, sound or bay upon which project is Iocated or nearest named body of water to project _ GCO n - III. Description of Project A. 1. Maintenance of existing project 2. New work 1 Boat x slit B. Purpose of excavation or fill 1. Access channel length 90' width 10' depth 2. Boat basin lengttl, 16' width 20' depth ' 3. Fill area length width depth 4. Other length width depth C. 1. Bulkhead length iti Average distance waterward of MHW ;shoreline) - 2.- Type of bulkhead construction (material) D. Excavated material (total for project) 1. Cubic yards ?_ 0 2. Type of material San d}' o? - E. Fill material to be placed below MHW (sec also VI. A) 1. Cubic cards Non= 2. Type of material ?A IV. Land Type, Disposal .Area, and Construction Equipment: A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No B. Does the disposal area include and marshland, swamps or other wetland? Yes No y C.' Disposal Area 1. Location Hi -h ?rrn1r? 2. Do you claim title to disposal area? Yes D. Fill material source if fill is to be trucked in N/A E. How will e\ca,ated material be entrapped and erosion controlled? Spread on hi" o perm nFnl coyp- - F. Type of equipment to be used dragline and bulidozer G. Will marshland be crossed in transporting equipment to project site? If yes, explain Y s• ma... wi11 be renu r-- fQr d= l i np on ;i f - D& F-81 Rev. 10178 3. Housing Development or Industrial 4. Other B. 1. Lot si;:e(s) _ 3 AC. I 2. Elevation of lot(s) above mean high water 1' to 9' 3. Soil type and texture ".` cj 1 onm 4. Type of building facilities or structures :done existin , >7roT)oSe? n0hi l c ho-i p 5. Sewage disposal andjor waste water treatment A. Existing NOne Planned B. Describe `=n'c for F??n 111;!+ 6. jLand Classification' (circle one) DEVELOPED TRANSITIONAL COMMUN!TY RURAL CONSERVATION OTHER (See CAMA Locai Land Use P!an Synopsis) VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes No B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project completion? Yes? No 2. Type of discharge __ N/A 3. Location of discharge VII. Present rate of shoreline erosion (if known): " " VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for work in project area, if app!icable: _NT/A IX. Length of time required to complete project: 30 dw?rs X. In addition to the completed application form, the following items must be provided: A. Attach a copy of the deed (with State application only) or other instrument under which applicant claims title to the affected property. OR if applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. Attach an accurate work piat drawn to scale on Ki X 11" white paper (see instruction booklet for details). Note: Original drawings preferred - only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or certified mail or by publication (G.S. 113-229 (d))Enter date served 2`?r--?-7 D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days in which to submit comments to agencies listed below. 7"Ll(f l PO '3Q; 1 5 ' -? . 1"07 rJ }rcrrri l z "d ? J ?0; 1 F Center 1' o ri_ :ez. f- 71 C'2' T,n Jar j ? VTn GR. 5K? P11E? r"'+ _NC Z23 4 Xt. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved coastal management program and will. be conducted in a manner consistent with such program. XII. Any permit issued pursuant to this application will allow only the development described in this appli- cation and plat. Applicants should therefore describe in the application and plat all anticipated devek opment activities, including construction, excavation, fiiiing, and land clearing. DATE --?? - Applicant's Signature o&F-62 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS Rev. 10/78 -cam ? D GN vN R7 r- ITI d O ,< a Z b i). O j ? y O C t y No t _ Y- e So R1 0 n TD {- iyl ?o ?r 1 71 0 y a y Q tR 70 2 I II 1' O \ ii t t? .I it IV t ? ,r t o - " O V1 n (T"1 by c 74 ?1 Q - m a n TT d ?v ? ? ?O ? l.n 70 r.. t?- Z? o Q o 0 00 Rt TYPICRL 5cC'7-%O/V - ACCE?55 C,4NAi N T5 v 1ON t 71" M A? ,eEEP5 RAMnaX J FEXFW PIINr Sire --- S.t iz3s x ? w no ? 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